(PC) Riseley v. Warden, High Desert State Prison, et al.,, No. 2:2012cv01695 - Document 10 (E.D. Cal. 2012)

Court Description: ORDER signed by Magistrate Judge Gregory G. Hollows on 11/6/12 ORDERING that the findings and recommendations 8 are VACATED; Plaintiffs October 29, 2012 request for a copy of the courts August 23, 2012 order, and for an extension of time to c omply with the courts August 23, 2012 order 9 is GRANTED; The Clerk shall re-serve a copy of the courts August 23, 2012 order on plaintiff, along with an application to proceed in forma pauperis; and Plaintiff shall file his amended complaint w ithin 30 days of the filing date of this order. Within 30 days, plaintiff shall also either: (1) file a complete application to proceed in forma pauperis; or (2) pay the entire filing fee for this action. No further extensions shall be granted. (Dillon, M)

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(PC) Riseley v. Warden, High Desert State Prison, et al., Doc. 10 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 THOMAS FOOTE RISELEY, 11 12 13 14 15 16 Plaintiff, No. 2:12-cv-1695 MCE GGH P vs. WARDEN, High Desert State Prison, et al., Defendants. ORDER / On August 23, 2012, the court directed plaintiff to file an amended complaint 17 within twenty-eight days, and warned plaintiff that his failure to file an amended complaint 18 would result in a recommendation that the action be dismissed. See Doc. No. 7. The court also 19 denied plaintiff’s motion to proceed in forma pauperis and directed plaintiff to file a new 20 application. Id. On October 16, 2012, because plaintiff had not responded to the court’s August 21 23, 2012 order, the court issued findings and recommendations recommending that the action be 22 dismissed with prejudice. See Doc. No. 8. On October 29, 2012, plaintiff filed a response to the 23 findings and recommendations, advising the court that he objects to dismissal, and asking the 24 court to provide him with a new copy of the August 23, 2012 order as his paperwork was lost by 25 staff during a transfer. See Doc. No. 9 at 2. Plaintiff does not address his failure to file a new 26 application to proceed in forma pauperis. 1 Dockets.Justia.com 1 The court construes plaintiff’s objections to request that the court vacate the 2 findings and recommendations, and grant plaintiff an extension of time to file an amended 3 complaint and an application to proceed in forma pauperis. So construed, the motion is granted. 4 Good cause appearing, IT IS HEREBY ORDERED that: 5 1. The findings and recommendations entered October 16, 2012 (Doc. No. 8) are 6 vacated; 7 2. Plaintiff’s October 29, 2012 request for a copy of the court’s August 23, 2012 8 order, and for an extension of time to comply with the court’s August 23, 2012 order (Docket 9 No. 9) is granted; 10 11 3. The Clerk shall re-serve a copy of the court’s August 23, 2012 order on plaintiff, along with an application to proceed in forma pauperis; and 12 3. Plaintiff shall file his amended complaint within 30 days of the filing date of 13 this order. Within 30 days, plaintiff shall also either: (1) file a complete application to proceed in 14 forma pauperis; or (2) pay the entire filing fee for this action. No further extensions shall be 15 granted. Plaintiff’s failure (1) to file an amended complaint, and (2) either to pay the filing fee or 16 to file an application to proceed in forma pauperis, within 30 days of the filing date of this order 17 shall result in a recommendation that this action be dismissed with prejudice. 18 DATED: November 6, 2012 19 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 20 21 GGH:rb 22 rise1695.36 23 24 25 26 2

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